Pennsylvania Supreme Court

Case Status


Docket Number

7 WAP 2008


Case Updates

Case dismissed

June 19, 2009

The Pennsylvania Supreme Court dismissed the appeal in the Bugosh case as “improvidently granted.”

U.S. Chamber files amicus brief regarding third restatement of torts and the state-of-the-art defense

June 13, 2008

NCLC urged the Pennsylvania Supreme Court to adopt Section 2 of the Third Restatement of Torts, permitting state-of-the-art evidence to be admitted in strict liability cases premised on design defect. Section Two clarifies that a manufacturer or distributor may only be liable for failure to warn of foreseeable risks. In its brief, NCLC argued that the lower court’s decision imposes liability on distributors who neither knew nor should have known about asbestos risks, and this decision likely will cause some innocent Pennsylvania businesses to join ranks of Pennsylvania businesses forced into bankruptcy by asbestos-related liabilities. NCLC argued that the incorporation of foreseeable risk principles of Section 2 would make the law fairer, and also would encourage rather than deter innovation. NCLC also argued that Section Two should be applied in this particular asbestos case.

Case Documents